절도,특수절도,공갈,사기,컴퓨터등사용사기
2021tho90 thief, special theft, extortion, fraud, computer, etc.
A
Defendant
He/she shall have jurisdiction over the background of completion, the completion of the examination, the date of the examination, the date of his/her indictment, the case of his/her indictment (prosecution).
Attorneys Fire-fighting (National Election)
Incheon District Court Decision 2019Da8978, 2020 Godan678 (Joint), 2020 Godan281 (Joint), 2020 Godan2821 (Joint), 2020 Godan519 (Joint), 2020 Godan519 (Joint), 2020 Godan8126 (Joint) Decided March 17, 2021
June 11, 2021
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
The punishment of the court below (one year and six months of imprisonment) is too heavy.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).
B. There is no particular change in circumstances following the pronouncement of the lower judgment, and the lower court determined the punishment by fully taking account of all the circumstances, including the circumstances alleged as the grounds for appeal. The continued to commit an additional crime even during the course of an investigation and a trial, committed a crime against minors and disabled persons who are vulnerable to the crime, and other comprehensive examination of the Defendant’s age, juvenile protective disposition records, criminal records, criminal process and circumstances after the crime, etc., and even if the aforementioned examination is conducted once again, it does not seem that the Defendant’s punishment against the Defendant is too unreasonable, thereby deviating from the scope of reasonable discretion regarding the sentencing.
3. Conclusion
Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Justices Kim Yong-il
Judges Park fixed-chul
Judges Yu Dong-dong